Masked Fox Personnel Pty Ltd Summary

[2013] FWCA 9796

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Masked Fox Personnel Pty Ltd
(AG2013/11817)

MASKED FOX PERSONNEL PTY LTD AGREEMENT 2013-2017

Rail industry
COMMISSIONER CARGILL	SYDNEY, 13 DECEMBER 2013

Application for approval of the Masked Fox Personnel Pty Ltd Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Masked Fox Personnel Pty Ltd Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Masked Fox Personnel Pty Ltd. The agreement is a greenfields agreement.

[2] The company and the Australian Rail, Tram and Bus Industry Union (ARTBU) being parties to the Agreement have provided a written undertaking in relation to resolution of disputes under the Agreement.

[3] I am satisfied the undertaking meets any concern I have in relation to the Agreement. In accepting the undertaking I have also accepted it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act I am satisfied that the employee organisation ARTBU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 20 December 2013. The nominal expiry date is 1 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

Masked Fox Personnel Pty Ltd applied to the Fair Work Commission for approval of the Masked Fox Personnel Pty Ltd Agreement 2013-2017. The applicant was an employer with employees covered by the Retail Industry Award 2010. The agreement in question provided for terms and conditions of employment different from those in the award. The applicant argued that the agreement was suitable for approval as it complied with the statutory criteria and met the better off overall test.

The Commission considered whether the agreement provided for terms and conditions of employment that were no less favourable than the applicable award or registered agreement and whether it met the better off overall test. The Commission noted that the agreement contained provisions that were more favourable to employees than the award, such as a higher rate of pay and more generous leave provisions. The Commission also considered the parties' submissions and the evidence provided. The Commission was satisfied that the agreement met the statutory criteria and that the employees would be better off overall if the agreement was approved.

The Commission approved the agreement, finding that it provided for terms and conditions of employment that were no less favourable than the applicable award and met the better off overall test. The Commission also noted that the agreement provided for a dispute resolution procedure that was consistent with the Fair Work Act 2009. The applicant's application was therefore approved, and the agreement was registered.

Masked Fox Personnel Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established